2004 AUG 17 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, AUGUST 17, 2004 — 7:00 P.M.
5:00 P.M. SESSION
(Adjourn to 7:00 P.M. Session)
7:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 7:00 p.m.
INVOCATION— Bishop Michael Briney of Church of Jesus Christ of Latter Day Saints
PLEDGE OF ALLEGIANCE — Council Member Jim Boulgarides
PRESENTATIONS —
ROLL CALL
Mayor McDowell -
Present
Mayor Pro Tern Gaines -
Present
Council Member Boulgarides -
Present
Council Member Busch -
Present
Council Member Jacobson -
Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30
minute limit total) Individuals who have received value of $50 or more to communicate to the City
Council on behalf of another, and employees speaking on behalf of their employer, must so identify
themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow
Council to take action on any item not on the agenda. The Council will respond to comments after
Public Communications is closed.
Dan Erlhler, Executive Director Chamber of Commerce, spoke regarding item 9 appointment to the
South Bay Workforce Investment Board.
Liz Garnholz, resident, spoke regarding item 8, contract with Burke, Williams and Sorensen, item
13, disposal of surplus Fire Helmets, and item 15, Yoga Instructor Contract.
Juli Potter, resident, spoke regarding item 3, the proposed Honeywell Project and item 17, CDBG
Minor Home Repair Program.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda by title only.
MOVED by Council Member Busch, SECONDED by Council Member Jacobson to read all
ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 17, 2004
PAGE NO. 1
B. SPECIAL ORDERS OF BUSINESS
Consideration and possible action to conduct a continued public hearing for the purpose of
introducing the ordinances and scheduling a second reading of ordinances increasing the
amounts for water and wastewater rates.
Mayor McDowell stated this is the time and place hereto fixed for a continued public hearing for the
purpose of introducing the ordinances and scheduling a second reading of ordinances increasing
the amounts for water and wastewater rates. Deputy City Clerk Domann stated that proper notice
was completed and no written communications had been received in the City Clerk's Office.
Mary Strenn, City Manager, gave a report.
Mike Rotolo, Water/Wastewater Rate Task Force Vice -Chair and Capital Improvement Advisory
Commission member, gave a report.
Peggy Tyrell, resident, spoke against increasing sewer rate fees.
Joe Brandon, resident, spoke regarding water billing services and the billing format.
Liz Ganholz, resident, spoke regarding water billing services and billing format. Also spoke
regarding the manner in which sewer usage is billed.
Juli Potter, resident, spoke regarding the water billing services and discrepancies in billing and
water usage.
Council consensus to close public hearing.
Staff to include 13 month history on billing statements, water /sewer meter size and service charge.
Mark Hensley, City Attorney, read by title only:
ORDINANCE NO. 1376
AN ORDINANCE SETTING THE AMOUNT OF WATER RATES AND CHARGES
PURSUANT TO HEALTH AND SAFETY CODE § 5471 AND EL SEGUNDO
MUNICIPAL CODE § 11 -1 -5.
Mayor Pro Tern Gaines introduced Ordinance No. 1376.
Mark Hensley, City Attorney, read by title only:
ORDINANCE NO. 1377
AN ORDINANCE SETTING THE AMOUNT OF WASTEWATER RATES AND
CHARGES PURSUANT TO HEALTH AND SAFETY CODE § 5471 AND EL
SEGUNDO MUNICIPAL CODE § 12 -7 -3.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 17, 2004
PAGE NO. 2
Mayor Pro Tern Gaines introduced Ordinance No. 1377.
Consideration and possible action to conduct a public hearing regarding a Resolution of the
City of El Segundo, California, finding the City to be in conformance with the annual
Congestion Management Program (CMP) and adopting the annual CMP Local
Development Report, in accordance with California Government Code Section 65089.
Mayor McDowell stated this is the time and place hereto fixed for a public hearing regarding a
Resolution of the City of El Segundo, California, finding the City to be in conformance with the
annual Congestion Management Program (CMP) and adopting the annual CMP Local
Development Report, in accordance with California Government Code Section 65089. Deputy City
Clerk Domann stated that proper notice was completed and no written communications had been
received in the City Clerk's Office.
Mary Strenn, City Manager, gave a report.
Liz Garnholz, resident, spoke regarding LAX and Corporate Campus impact on traffic mitigation.
Council consensus to close public hearing.
Seimone Jurjis, Building Official, responded to Council questions.
Mark Hensley, City Attorney, read by title only:
RESOLUTION NO. 4385
A RESOLUTION FINDING THE CITY TO BE IN COMPLIANCE WITH THE
CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP
LOCAL IMPLEMENTATION REPORT PURSUANT TO GOVERNMENT CODE §
65089.
MOVED by Council Member Boulgarides, SECONDED by Mayor Pro Tern Gaines to adopt
Resolution No. 4385 finding the City to be in compliance with the Congestion Management
Program (CMP) and adopting the CMP Local Implementation Report pursuant to
Government Code § 65089. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
C. UNFINISHED BUSINESS
3. Consideration and possible action regarding Contract Amendment No. 2 to a contract (no.
3257) with Christopher A. Joseph & Associates to prepare a Project/Program Environmental
Impact Report (EIR) with an expanded scope of services for the development of land owned
by Honeywell and several other property owners located at the northeast corner of
Rosecrans and Sepulveda and; a professional services contract with Harris & Associates to
provide professional engineering services to verify the capital costs of public infrastructure
for the project. The amount of the contracts are $161,447 and $14,900, respectively. The
applicant of the project will pay the full amount of the contract.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 17, 2004
PAGE NO. 3
Mary Strenn, City Manager, gave a report.
MOVED by Council Member Busch, SECONDED by Council Member Boulgarides to authorize the
City Manager to execute Contract Amendment No. 2 to Contract 3257 with Christopher A. Joseph
& Associates for an expanded scope of services in an amount not to exceed $473,230; authorize
the City Manager to execute Contract No. 3363 in a form to be approved by the City Attorney with
Harris & Associates for professional engineering services in an amount not to exceed $14,900.
MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
4. Consideration and possible action to award management contract for El Segundo Senior
Housing complex, Park Vista, 615 E. Holly Avenue, El Segundo, to Cadman Group Real
Estate Management and Consulting.
Peter Freeman, President of Park Vista Board, gave a report.
MOVED by Council Member Busch, SECONDED by Council Member Jacobson to approve the
Senior Housing Board recommendation to award Park Vista Senior Housing management Contract
No. 3364 to Cadman Group Real Estate Management and Consulting. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. If a
call for discussion of an item is made, the item(s) will be considered individually under the next
heading of business.
5. Approved Warrant Numbers 2542225 to 2542520 on Register No. 21 in the total amount of
$2,898,874.01 and Wire Transfers from 7/23/04 through 8/5/04 in the total amount of
$360,165.41. Authorized staff to release. Ratified: Payroll and Employee Benefit checks;
checks released early due to contracts or agreement, emergency disbursements and /or
adjustments; and wire transfers.
6. Approved City Council Meeting Minutes of August 3, 2004.
7. Approved legal service Agreement No. 3369 with the law firm of Liebert, Cassidy &
Whitmore to provide special counsel legal services with respect to labor and employment
issues. Authorized the City Manager to execute.
8. PULLED FOR DISCUSSION BY CITY MANAGER MARY STRENN
9. PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES
10. Authorized the payment of $34,846 to the City of Los Angeles, Hyperion Treatment Plant for
one -half the change order regarding the construction of the new security fence realignment
located in the Department of Water and Power (DWP) right -of -way.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 17, 2004
PAGE NO.4
11. Authorized the City Manager to sign License Agreement No. 3366 between the City and
West Basin Municipal Water District (West Basin) to allow use of a portion of the parking lot
at the City's golf course for parking of construction related vehicles and equipment. (Fiscal
impact — none)
12. Approved Amendment No. 1 to the City- Pacific Pipelines Reimbursement Agreement No.
3175 for relocation of Pacific's pipeline for the Douglas Street Gap Closure Project. (Fiscal
Impact — none) Authorized the City Manager to execute the amendment on behalf of the
City.
13. PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES
14. Authorized the Fire Department to apply for and accept a Hazardous Materials Emergency
Planning Grant on behalf of Beach Cities Community Awareness and Emergency Response
(CAER) for "Shelter -in- Place" video reproduction /Spanish translation and static display.
(Fiscal Impact $6,400). Authorized the City Manager or designee to sign the application.
15. PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES
MOVED by Council Member Busch, SECONDED by Mayor Pro Tern Gaines to approve Consent
Agenda Numbers 5, 6, 7, 10, 11, 12, and 14. MOTION PASSED BY UNANIMOUS VOICE VOTE.
5/0
CALL ITEMS FROM CONSENT AGENDA
8. Consideration and possible action to authorize the City Manager to execute an agreement
with the law firm of Burke, Williams and Sorensen for purposes of completing current
litigation and for purposes of retaining future special counsel as determined by the City
Manager and City Council.
Mark Hensley, City Attorney, left the Council Chamber, due to a potential conflict of interest based
on his relationship with Burke Williams and Sorensen.
MOVED by Council Member Jacobson, SECONDED by Mayor Pro Tern Gaines, to execute
Agreement No. 3366 with the law firm of Burke, Williams and Sorensen for purposes of completing
current litigation and for purposes of retaining future special counsel as determined by the City
Manager and City Council and to agendize for Closed Session an item listing all cases involved
and consideration of alternative attorneys such as Jenkins & Hogin, LLP. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
Mark Hensley, City Attorney, returned to the Council Chamber.
9. Consideration and possible action regarding the appointment of private sector business
representative from the City of El Segundo, Elyse Rothstein of Industrial Lock & Security, to
the South Bay Workforce Investment Board (SBWIB), Seat #18.
MOVED by Council Member Jacobson, SECONDED by Council Member Boulgarides to ratify the
El Segundo Chamber of Commerce nomination and approve appointment of private sector
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 17, 2004
PAGE NO. 5
business representative from the City of El Segundo, Elyse Rothstein of Industrial Lock & Security,
to the South Bay Workforce Investment Board (SBWIB), Seat #18. Requested City Clerk forward
a certified copy of the Council's action to the SBWIB. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 5/0
13. Consideration and possible action to approve the disposal of 50 out -of- service, surplus fire
helmets. Authorize their donation to area fire academies and /or the Guaymas Fire
Department. Fiscal Impact: None
MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Boulgarides to authorize the
donation of 25 out -of- service, surplus fire helmets to area fire academies (upon the execution of a
hold harmless agreement indemnifying the city of future liability associated with their use) and
authorize the donation of 25 out -of- service, surplus fire helmets to the Guaymas Fire Department.
MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
15. Consideration and possible action regarding increase in dollar amount to Contract No. 3240
for yoga classes instruction provided by Victoria Elia. (Fiscal Impact — none).
Mary Strenn, City Manager, responded to questions and clarified that there was no cost to the City
in this increased contract amount.
MOVED by Council Member Boulgarides, SECONDED by Council Member Jacobson, to approve
increase in dollar amount to Contract No. 3240 for yoga classes instruction provided by Victoria
Elia. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
F. NEW BUSINESS
16. Consideration and possible action regarding a contract not to exceed $5,000 with
KND /Aqueduct Advisors to analyze the local electricity market place alternatives, review
regulatory initiatives and recommend actions with respect to the Dynegy /NRG located at
301 Vista del Mar.
Mary Strenn, City Manager, gave a report.
MOVED by Council Member Jacobson, SECONDED by Council Member Busch, to direct staff to
retain KND /Aqueduct Advisors, Contract No. 3367 to analyze local electricity market place supply
alternatives, review regulatory initiatives and recommend actions. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
17. Consideration and possible action to revise current 2004 -2005 Community Development
Block Grant (CDBG) Minor Home Repair (MHR) Program guidelines to generate additional
participation by offering a combination grant and zero percent interest deferred loan
program.
Tina Gall, CDBG Consultant, gave a report.
MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Jacobson to approve
revisions to the current 2004 -2005 CDBG Minor Home Repair program guidelines to include a
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 17, 2004
PAGE NO. 6
combination grant and zero percent interest deferred loan program. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
18. Consideration and possible action regarding a lease agreement between the City of El
Segundo and Sprint PCS Assets allowing the construction and operation of wireless
communications equipment at the City water tower located at 400 Lomita Street.
Mary Strenn, City Manager, gave a report.
MOVED by Council Member Jacobson, SECONDED by Council Member Busch to authorize the
City Manager to execute a Memorandum of Lease and Lease Agreement No. 3368 between the
City and Sprint PCS assets allowing the construction and operation of wireless communications
equipment at the City water tower located at 400 Lomita Street.
G. REPORTS — CITY MANAGER — NONE
H. REPORTS — CITY ATTORNEY — NONE
REPORTS — CITY CLERK — NONE
J. REPORTS — CITY TREASURER — NONE
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Boulgarides — Requested City Staff contact local realtors regarding opposing AB
2702 and agendize for the next Council meeting, if necessary.
Council Member Busch — Reported on high scores of El Segundo Schools on standardized tests
reported recently in the newspaper. Also noted upcoming Chamber of Commerce Downtown
Dinner, Skate Park Grand Opening on Wednesday, August 18, and potential 310 area code split.
Spoke regarding a more optimistic budget prospect for future years.
Council Member Jacobson — Requested backup Council agenda packet information be made
available on the city web site as soon as possible.
Mayor Pro Tern Gaines — NONE
Mayor McDowell — Thanked staff for their efforts in completing the Skate Board Park Project.
Spoke regarding the upcoming Chamber of Commerce Downtown Dinner and upcoming Car Show
on Main Street on August 28, 2004. Expressed opposition to the proposed AB 2707.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 17, 2004
PAGE NO. 7
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30
minute limit total) Individuals who have receive value of $50 or more to communicate to the City
Council on behalf of another, and employees speaking on behalf of their employer, must so identify
themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow
Council to take action on any item not on the agenda. The Council will respond to comments after
Public Communications is closed.
Beth Mirada, resident, requested Council support of the Recreation and Parks Drama Program.
Joe Brandon, resident, commended City for progress of tree trimming around stop signs.
Jeff Wilson, resident, requested Council support of the Recreation and Parks Drama Program.
Liz Garnholz, resident, thanked Council for thorough response to agenda questions. Spoke
regarding recent newspaper article on LAX and former Mayor's comments. Also spoke regarding
types of trees selected for planting on Main Street and health of existing trees.
Sherry Knight, resident, requested Council support of the Recreation and Parks Drama Program.
Rebecca Knight, resident, requested Council support of the Recreation and Parks Drama Program.
Juli Potter, resident, spoke regarding potential water and sewer rate increases.
CELEBRATIONS — Adam Jonah Wolin, born to parents Linda and Jon Wolin.
ADJOURNMENT at 9:20 p.m.
Lr4Y«
Cathy Domann, Deputy City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 17, 2004
PAGE NO. 8